logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.07.10 2018가단23315
어음금
Text

1. As to KRW 150,00,000 and KRW 100,00,000 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from September 1, 201 to July 10, 2019.

Reasons

1. Facts of recognition;

A. On November 28, 2008, the Plaintiff lent KRW 100 million to C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). At the time, the Defendant, the representative director of the Nonparty Co., Ltd, issued a letter of promissory note in the face value of KRW 150 million as of December 30, 2008, to the Plaintiff as a collateral title for the said KRW 100 million.

B. On February 5, 2009, the non-party company and the Defendant drafted a cash compensation agreement to the effect that the Plaintiff shall pay KRW 100 million to the Plaintiff by the 13th day of the same month and shall additionally pay KRW 50 million, including interest and fees for KRW 100 million (hereinafter “instant agreement”).

C. On June 17, 2010, the Defendant again drawn up a letter of commitment to implement payment of KRW 150 million to the Plaintiff by August 31, 2010 on the instant agreement.

【Ground of recognition】 The fact that there has been no dispute, Gap No. 1-5, 10, Eul's evidence No. 1-1, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties’ assertion was that the Plaintiff borrowed KRW 100 million to the non-party company and received KRW 150,000,000,000,000 including interest from the Defendant. Therefore, the Plaintiff sought payment of damages for delay from February 14, 2009, which is the day following the due date under the above agreement as to KRW 150,000 and KRW 100,000 among the 10,000,00

In this regard, the Defendant asserted that ① the Plaintiff’s claim for a promissory note was extinguished by prescription, ② in the case of a loan claim, the borrower is the non-party company and ③ in the case of a claim for a contractual deposit against the Defendant, the commercial statute of limitations has expired.

B. According to the above facts of recognition as to the cause of the claim, the plaintiff lent KRW 100 million to the non-party company, and at the time when the defendant, who was the representative director of the above company, extended the principal amount of KRW 100 million to secure the payment of said money to the plaintiff by February 13, 2009, in addition to the interest amount of KRW 50 million.

arrow